How to Object to a Motor Own-Damage (Kasko) Insurance Decision

An insured person reporting damage under motor own-damage (kasko) insurance has more than one stage at which they can object to the insurer's payment decision or the surveyor's report.

The Deadline for Reporting a Loss

Under the general policy terms, the insured is required to notify the insurer of a kasko-covered loss within a reasonable period after becoming aware of it (the period stated in the policy, typically five business days). Late notification is one of the reasons insurers commonly cite for denying payment, though this objection is not always well-founded where the delay did not actually affect the assessment or scope of the damage.

Objecting to the Surveyor's Report

Damage assessment is carried out by a surveyor appointed by the insurance company. If the insured finds the damage amount determined in the surveyor's report, or the items excluded from cover, to be inadequate, they can obtain an independent expert report and object on that basis. The gap between the two reports determines the scale of the dispute.

Grounds for Payment Denial and Objecting to Them

Grounds commonly cited by insurers for denial include the loss falling outside the policy's coverage, a breach of the insured's disclosure obligation, or exceptions such as driving under the influence of alcohol or drugs. Whether the stated ground for denial actually matches the facts of the case determines the objection's chances of success.

Routes for Objection

Against a denial or reduced-payment decision, the insured can first raise a written objection with the insurer, and if this does not resolve the matter, either apply to the Insurance Arbitration Commission or file suit directly. The arbitration commission can offer a fast resolution for technical, relatively low-value damage disputes.

Practical Recommendations

Gather photographs showing how the damage occurred, the accident report, and any witness information at the time of the loss. After receiving the surveyor's report, flag the items excluded or undervalued and prepare concrete objections with a lawyer — this provides a strong basis at the arbitration or litigation stage.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.